- Ley 5/2019 The rights of the lender (FEIN, notary, cost-sharing) are the same in article 2 of the conditions for citizenship and residence. [1].
- The Bank of Spain writes that banks usually do not provide more than 80% of the estimated value when buying basic housing, but the decision depends on bank policy, capacity to pay, type of housing and guarantees. [5].
- The bank is obliged to assess the ability to pay for employment, current and future income, assets, savings and liabilities, rather than mainly for the value of the pledge [1]. The Bank of Spain recommends that the total debt does not exceed 40% of the net monthly income [7].
- Ten calendar days before the signature, the bank gives you FEIN (compulsory proposal), FiAE and the draft contract. [1][6].
- The bank pays the credit (tasación) for the loan, and the bank pays the tax on the mortgage as prestamista (article 29 TRLITPAJD) for the bank. [1][3][10].
Mortgage in Spain for non-residents: what the law decides and what the bank decides
Ley 5/2019 (Ley reguladora de los contratos de crédito inmobilario) applies when a loan to a natural person is secured by mortgage or other security for a dwelling or is issued for purchase of real estate by the consumer. [1]So transparency, documents and expenses are the same, and the bank's demands on you as a non-resident are the same.
The term "non-resident" is used differently: no residence permit or no tax residence. Please specify to the bank the value it attaches. Resident and non-resident taxes.
| What the Law Regulates | What the Bank decides |
|---|---|
| FEIN as a mandatory offer of at least 10 days, FiAE, draft treaty 10 days before signature [1] | Loan amount, duration, type of rate |
| Assessment of payability for employment, income, assets, liabilities [1] | Income records to be received, percentage of funding |
| Distribution of processing costs [1][3] | Conditions for bound products (within the limits of the law) [4] |
| Notary ’s Act on Transparency [1][6] | Whether the bank accepts foreign exchange earnings |
Mortgage conditions: share of financing, capacity to pay, currency
The Act lists that the bank estimates: employment, current and future income, property, savings, fixed costs and obligations; the decision should not be based mainly on the value of the pledge. [1]If the bank refuses, it is obliged to report it in writing and for reasons, and if it relies on a request to the database to provide a copy of the result [1]Before issuance, the bank checks your debts in CIRBE and the non-payment registers (RAI, ASNEF) [2].
Bank of Spain: Bank of Spain states that banks usually do not provide more than 80% of estimated value when purchasing basic housing, but the amount depends on bank policies, your ability to pay, type of housing (first or second) and additional guarantees. [5]We didn't find official figures for non-residents.
Debt stress: The Bank of Spain calls it a benchmark: total debt payments should not exceed 40% of net monthly income. [7].
Currency: If a loan is expressed in foreign currency, the lender is entitled to convert it into a currency in which the bulk of the income is received or in the currency of the State of residence. [1]The Bank of Spain has warned that payments have fluctuated along with the course [5].
The stages of the mortgage: from assessment to notary
- Get information. Bank gives free Ficha (FIPRE) on request with its terms [2].
- Transfer documents: Bank analyses: income, assets, expenditure, liabilities, and requests CIRBE and non-payment registers [1][2].
- The evaluation (tasación) is made by an independent evaluation company, paid by the borrowing company, and the bank is required to accept the assessment performed by the accredited evaluator and not expired. [2][3].
- Bank decision and provision of FEIN, FIAE and draft contract at least 10 calendar days before signature [1].
- The notary you chose for the transparency act, no later than the day before the signature. [1][6].
- The signature of escritura pública by a notary mentions an act [1].
- Registration of mortgage at Registro de la Propiedad: it is a bank-owned mortgage [1][3].
The notary must be a loanee or his representative, how it works for a non-resident who is abroad and what we don't check for a power of attorney. [1].
What mortgage costs and who pays them: AJD pays the bank
The law allocates the mortgage costs to the loaner: the loaner pays the valuation, the gustoría pays the bank, the notary expenses for escritura (aranceles) the bank, the copy is paid by the person who requested it, the bank's mortgage registration. The bank pays the AJD mortgage tax: Article 29 TRLITPAJD, as reworded as Real Decreto-ley 17/2018, recognizes the mortgage loan payer as the prestamista, i.e. the bank [10]. The Bank of Spain explains that the borrower pays the assessment, and the bank takes over the notary, register, taxes and gestoría. [3]The tax on the purchase of housing itself (ITP or IVA with AJD on sale) is separate and paid by the buyer: Non-resident property purchasesWe do not provide a cost-account: tariffs are cost- and region-dependent.
| Expenditure | Who Pays |
|---|---|
| Evaluation (tasación) | Borrower [1][3] |
| Notary on escritura mortgage | Bank [1][3] |
| Property register | Bank [1][3] |
| AJD mortgage tax | Bank (prestamiista) [10] |
| Gestoría | Bank [1][3] |
| Copies of escritura | Whoever asked for them [1] |
| Commission for opening if provided for | The loanee, once, covers all costs of research and processing [1] |
Banks often reduce the rate when buying additional products. Related sales are prohibited unless the bank has proven a clear benefit to the client. The bank is entitled to demand an account for credit payments. If the bank requires damage insurance, it is obliged to adopt an alternative policy without deterioration of the loan terms and without additional costs for you. [4]Some limitations are imposed on the commission for early payment, we do not specify limits here. [1].
What documents will be needed
The bank itself determines the non-residents' list of documents, and, on the basis of what the bank must assess, usually requests identification, employment and income documents, assets, savings, expenses and liabilities. [1]B. Bank identification by document is required before the relationship begins [1][8]The bank may request the translation and confirmation of foreign documents by the apostille: check with the bank in advance what is appropriate: apostille, juror transferI. Tax number of the alien: NIF and NIE.
According to the Bank of Spain, CIRBE contains data on loans and guarantees that are reported to the applicant organizations. [9]How Spanish credit information works: credit history in Spain.
Typical non-resident mortgage errors
- Wait for the same conditions for non-residents: the law does not impose them, the conditions determine the bank ’s policy [1][5].
- Count only the bet and not look at the linked products and total cost: compare FEIN, not advertising [2][4].
- Not to leave time for 10 days before the signature and the notary's act: without the act of escritura, they do not sign [1].
- Sign a foreign currency loan without realizing the risk of exchange and the right to convert [1][5].
- Sign the obligation on the day of receipt of FEIN: the bank is obliged to provide the documents in advance and FEIN is bound for at least 10 days [1].
- To assume that an evaluation made outside the bank will not be accepted: the bank is obliged to accept the valid evaluation of the accredited evaluator, although it may verify it [3].
When Individual Review Is Needed
Before the first visit to the bank, it's good to do four things, nothing new is needed.
- Make a list of income, assets, savings and liabilities: it is for which the bank assesses the ability to pay [1].
- Find out what the bank means by "non-resident": no residence permit or tax residence.
- Select the type of bet in advance: Comparison of options in the material fixed or floating rate.
- Prepare the credit bill: the order is described in the material Opening of an account at the Spanish bank.
A review is needed if the income is from abroad or in foreign currency, the residence status of the shift, you buy a second estate, a few loan holders, or you need a signature power. These details are the basis for bank requirements and signature procedures.
What can we help you with?
The NEXO team in Barcelona is helping with the documentary: NIE, transfers and apostilles, residence status confirmation, tax questions of purchase (general scheme: Residence permit in Barcelona, documents: <x id=216" from the old border to pass. Documents. First consultation: 30 minutes free, full consultation: 121 € in 45 minutes. Record: Consultation.
Frequent issues
Are the mortgages given to non-residents in Spain?
What share of the value can the bank finance?
Who pays the notary and the mortgage register?
How long between the bank offer and the signature?
How much is a notary's transparency act?
Can a mortgage be issued in foreign currency?
Can the bank refuse without giving reasons?
Based on source
- BOE · Ley 5/2019 reguladora de los contratos de crédito inmobilario, articles 2, 11, 13 - 15, 20 and 23 .
- Banco de España · Contratación de la hipoteca (Portal del Cliente Bancario) ↗
- Banco de España · Gastos asociados a la hipoteca ↗
- Banco de España · Productos vinculados al préstamo ↗
- Banco de España · Guía de acceso al préstamo hipotecario (version 2016) ♪
- Consejo General del Notariado · ¿Por qué tengo que ir al notario antes de la firma de un préstamo hipotecario? ↗
- Banco de España · Consultas frecuentes (capacidad de endeudamiento) ↗
- BOE · Ley 10/2010 de prevención del blanqueo de capitales, article 3 ♪
- Banco de España · CIRBE (Portal del Cliente Bancario) ↗
- BOE · Real Decreto Legislativo 1/1993 (TRLITPAJD), article 29 (AJD mortgage payer, in Real Decreto-ley 17/2018)
Sources are viewed on 02.10.2026. Consolidated texts and departmental reference pages are informative: legal application takes into account official publications, changes and specific circumstances. Material has not been personally checked by counsel.
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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.

